RE: VIRTUAL EDUCATION AND CYBER LEARNING: OVERVIEW OF 2012 THROUGH 2014 LESC INTERIM REPORTS

Transcription

1 June 25, 2015 MEMORANDUM TO: FR: Legislative Education Study Committee Kevin Force RE: VIRTUAL EDUCATION AND CYBER LEARNING: OVERVIEW OF 2012 THROUGH 2014 LESC INTERIM REPORTS During the 2012, 2013, and 2014 interim meetings, the Legislative Education Study Committee (LESC) heard testimony and received staff reports regarding issues related to virtual charter schools. This staff brief reviews the major points of the following interim committee and, in some instances, subcommittee meetings: the July 18, 2012 LESC interim meeting, which includes discussion of: potential issues; legal concerns; and committee discussion; the July 10, 2013 LESC interim meeting, which focused on: a presentation by representatives of K12, Inc. and the New Mexico Virtual Academy (NMVA); a discussion of pertinent legislation from the 2013 regular legislative session; and committee discussion;

2 the July 16, 2014 LESC Charter Schools Subcommittee meeting, which included: a presentation from the Attorney General s Office, reviewing AG Opinion No , regarding the service agreement between NMVA and K12 Virtual Schools, LLC; and a presentation by the National Association of Charter School Authorizers (NACSA), regarding provisions for virtual schools in other states; and the September 12, 2014 LESC Charter Schools Subcommittee meeting, including: a comparison of state models of virtual school funding plans; a presentation on the operation of New Mexico Connections Academy; and pertinent legislation from the 2015 regular legislative session. July 18, 2012 LESC Interim Meeting The July 2012 staff report on virtual charter schools served as an introduction to the topic for the committee, noting the recent opening of the NMVA in Farmington, and the then-imminent opening of Connections Academy in Santa Fe. Potential Issues The report focused on a number of issues fundamental to the consideration of virtual charter schools in the state, including: definitions of virtual schools, such as that offered by the NACSA ( An educational organization that offers K-12 courses through Internet-based methods, with time and/or distance separating the teacher and learner. Students enroll to earn credit toward gradelevel advancement and/or graduation. ); some issues of day-to-day operations, including: time spent in both online instruction and student work conducted offline; the proliferation of community learning centers, allowing students to visit classroomlike settings where students and teachers log on at the same time; field trips and other opportunities for social interaction; regular teacher office hours ; and online assessments to inform the coming week s instruction; potential student-populations served by virtual education; delivery of the online program; costs associated with virtual schools, particularly potential differences between costs of virtual schools and those of traditional schools; funding schemes, as funding based on traditional count days may make less sense for virtual schools where coursework can be completed at any time; recruitment and enrollment, including discussion of the fact that many students may come from jurisdictions other than the one in which the virtual school is actually located; student achievement, discussing various studies that present achievement at virtual charters, in comparison with traditional-school peers; assessments, accountability, and determining the authenticity of student work; 2

3 teacher professional development; and the role of the chartering authority, including a number of particular areas which chartering bodies should consider in reviewing applications for charter schools, such as: expertise in educational technology; contracts with school management organizations; performance record of the applicant with regard to other schools; data management systems and academic reporting; expansion of virtual charter schools, and ensuring that expansion will not come at the expense of student learning; the issue of special education services, as virtual charter schools retain the same responsibilities as traditional schools under the Individuals with Disabilities Education Act; and business concerns of virtual charters, discussing the importance of the relationship between schools and the providers of their educational programs. Legal Concerns The report also discussed a number of legal issues related to charter schools such as: the definition of the term school, in New Mexico law; statutory prohibitions regarding potential parties to a contract for management of virtual schools; and class action lawsuits alleging securities violations against K12, Inc. Committee Discussion During the discussion of the July 2012 staff presentations on virtual charter schools, one committee member expressed concern that a virtual charter school, which draws students from all over the state, could be authorized by a local school board rather than the Public Education Commission (PEC). This committee member was also concerned that the MOU between K12 and the NMVA may violate the prohibition, cited in the staff report and presentation, against a for-profit entity operating a charter school. (Please see, Presentation in re: AG Opinion 14-03, Services Agreement between the New Mexico Virtual Academy and K12 Virtual Schools, LLC, below.) On this point, another committee member suggested that the law is ambiguous in terms of what constitutes management, which is different from the procurement of services. The decisionmaking authority, this member said, must be with the charter school s governing board, not the company that provides the virtual education program. (Please see below for a review of a new definition of management, specific to the Charter Schools Act, enacted in the 2015 regular legislative session.) A committee member suggested adding a bad actor provision to the Charter Schools Act to cover circumstances such as those that apparently gave rise to the lawsuits against K12, Inc.; this member asked Ms. Hanna Skandera, Secretary of Public Education, whether the Public Education Department would be amenable to such a provision. In reply, the Secretary described the department s intentions to examine the performance of charter schools and indicated that a 3

4 bad actor provision should be part of the review. The committee member encouraged the Secretary to scrutinize virtual charter schools, especially in terms of safeguards for students and communities. July 18, 2013 LESC Interim Meeting Presentation by K12, Inc. and the New Mexico Virtual Academy Ms. Mary Gifford, Regional Vice President of K12, Inc., and Ms. Mari Adkins, Special Education Manager of NMVA presented to the committee, reviewing details of the nature of the NMVA program and curriculum. Specifically, NMVA is a charter school authorized by the Farmington Municipal Schools with a governing council comprised of local leaders and business owners that: serves 500 students in grades 6-11 (with grade 12 to be added for school year ); has New Mexico certified, highly qualified teachers to deliver and guide instruction; has a drop-in learning center in Farmington that can accommodate 45 students (approximately 12 students attended the learning center on a daily basis in school year ); students take all state assessments; students must meet state standards and district/state graduation requirements; students must receive special services and accommodations as required by laws and individual education plans; students must demonstrate attendance/engagement consistent with state laws and regulations; and utilizes the K12 curriculum as its instructional model. Ms. Adkins also detailed NMVA s demographics, noting that 75 percent of its students reside in seven counties, including 28 percent residing in Bernalillo County. Noting that approximately 81 percent of NMVA students reregister, Ms. Adkins provided withdrawal rates for NMVA: an overall withdrawal rate of 29.8 percent; a middle school withdrawal rate of 17 percent; and a high school withdrawal rate of 51.6 percent. Ms. Gifford went on to compare standards-based assessments results from NMVA students with those from their peers at Farmington Municipal Schools and students statewide, noting that: in general, a higher percentage of NMVA students scored proficient and above in reading than Farmington Municipal Schools and statewide students; and in general, a lower percentage of NMVA students scored proficient and above in math than Farmington Municipal Schools and statewide students. Moreover, standards-based assessment results for science showed that a higher percentage of NMVA students scored proficient and above compared to their district and statewide counterparts for grades 7 and 11, which were the only tested grades in that subject. 4

5 Legislation from the 2013 Regular Legislative Session During the December 2012 and January 2013 interim meetings, the committee reviewed a list of policy options from interim meeting discussions and reports, including: prohibition of virtual charter schools; delayed approval of other virtual charter schools until outstanding questions and issues can be addressed; and review of the Public School Code and other parts of state law to identify those sections that may affect or be affected by virtual charter schools and amend or repeal them as needed or enact new sections to accommodate and regulate virtual charter schools. Although the committee did not endorse any specific legislation, a majority of the members did vote to delay the approval of virtual charter schools until outstanding issues were resolved. Further, while the 2013 Legislature considered several bills that would have impacted virtual charter schools in New Mexico, ultimately, none were enacted: HB 392a, Public Education Commission as Independent, endorsed by the LESC; CS/CS/HB 460, School Management Contracts & Charter Board; and *CS/SB 338, Define Virtual Charter School & Moratorium. Committee Discussion Initial committee discussion focused on the service agreement between K12, LLC (a wholly owned subsidiary of K12, Inc.) and the NMVA Governing Council, and whether the prescribed responsibilities of K12 under the agreement rose to the level of management. Other issues of concern to members included: the availability of Advanced Placement classes in virtual charter schools; how state funding follows a student from his or her original district to the virtual charter school, and vice versa; verification of student work; and how virtual charters are to be included in the teacher and school leader evaluation program, particularly with regard to the observation of teachers. July 16, 2014 LESC Charter Schools Subcommittee Meeting Presentation in re: AG Opinion 14-03, Services Agreement between the New Mexico Virtual Academy and K12 Virtual Schools, LLC In 2014, one member sought an opinion from the Attorney General regarding several questions, two of which had to do with the NMVA, and its relationship with K12, Virtual Schools, LLC: 5

6 1. Does the Educational Products and Services Agreement between the New Mexico Virtual Academy and K12 Virtual Schools, LLC violate the Charters Schools Act, which prohibits the management of a charter school by a for-profit entity? 1 2. Is the Agreement subject to the requirements of the state s Procurement Code? If so, did NMVA violate the law s bidding requirements or term restrictions when it awarded a sole-source contract to K12? Mr. Joseph Dworak, Assistant Attorney General of the Civil Division of the Attorney General s Office, who authored the opinion, addressed these issues before the committee: 1. In response to the first question, Mr. Dworak stated, the AG opinion was yes, the administrative and managerial involvement by K12, a for-profit entity, constitutes management under provisions of the Act. He explained that the Act s prohibition against for-profit management in charter schools was enacted with a purpose to prevent the kind of association created between NMVA and K12 an affiliation with a for-profit organization that places a school in a position of dependency regarding issues of regular operation and control. Mr. Dworak added that the AG staff analysis on this question focused on the issue of whether K12 services to NMVA constitute management of the charter school under the Act. He noted that the analysis revealed that the Act prohibits for-profit entities from managing charter schools; however, since the Act does not define management, the rules of statutory construction must be applied to determine whether K-12 s services constitute management of the charter school. He explained that generally, the plain language of a statute is the primary indicator of legislative intent; however, if the plain meaning of a statute is ambiguous or doubtful, courts will examine the statute as a whole and construe the law according to its obvious spirit or reason. Emphasizing that the meaning of the term management in conjunction with the language of the statute was not clear, Mr. Dworak nevertheless stated that K12 s contracted authority to integrate into nearly every aspect of the administration of the school is obvious and raises questions over the extent of its future duties within the school. 2. In response to the second question, Mr. Dworak stated that the AG concluded that NMVA, as a public entity, is subject to the state s Procurement Code. On its face, he noted, the agreement does not necessarily violate the Procurement Code s competitive bidding requirements, provided the school complied with the code s requirements for sole source contracts. He added that the terms of the agreement do comply with the Code s requirements. After Mr. Dworak s presentation, Ms. Deanna Payne, registrar of NMVA, and Mr. Lawrence Palmer, Chair of the NMVA Governing Council, submitted written statements in response to AG Opinion No Ms. Payne s statement included discussion of staff partnerships to support instructional quality, while Mr. Palmer s submission included clarifying answers to questions related to the management of the NMVA B-4(R) NMSA

7 National Association of Charter School Authorizers Presentation on Online Learning Provisions in Other States Mr. Alex Medler, Vice-President of Policy and Advocacy for NACSA, presented the subcommittee with two documents: Full-time Virtual Charter Schools: Emerging Issues in the States; and School Quality in the Cloud: Guidelines for Authorizing Virtual Schools. (Please see, also, Attachment 1, Comparison of Virtual Charter School and Online Learning Provisions from CO, FL and AZ, prepared by LESC staff.) In his discussion of the first document, Mr. Medler focused his remarks on the recommendations offered by the Illinois Charter School Commission Report on Virtual Schools, 2 including: that funding not exceed the base funding of a school district and be based on successful course or program completion of students and not on enrollment; and requirement of the authorizer to: hold schools accountable based on both state tests and other measures appropriate for virtual schools; require schools to establish legally permissible criteria and processes for enrollment based on the existence of supports needed for student success; and require schools to demonstrate the capacity to deliver services to special needs students and English language learners. Referring to the second handout, Mr. Medler emphasized that the elements of good authorizing should remain consistent whether in an online environment or a traditional brick and mortar school. He noted that the use of internet technologies and electronic delivery mechanisms should not warrant a reinvention of the authorizing function; however, it is likely to present distinctive issues and challenges in areas such as: oversight expertise; attendance tracking and reporting; student mobility; data management systems; academic reporting; special education; and ensuring quality at scale. To conclude, Mr. Medler indicated that where virtual charter applicants are proposing to contract with management organizations or are existing school operators with a performance record authorizers should conduct due diligence designed specifically to evaluate the performance and capacities of those types of operators, as well as governing board capacities for effective oversight or external management contracts. 2 Please see: 7

8 September 12, 2014 LESC Charter Schools Subcommittee Hearing Comparison of Virtual School Funding Models According to LESC staff, current data suggest that virtual charter schools generate less program costs though the funding formula than other charter schools and traditional public schools: New Mexico Virtual Academy generated $5,381 per MEM, approximately 26.3 percent less than the statewide average and 35 percent less than the average charter school; New Mexico Connections Academy generated $5,672 per MEM, approximately 22.3 percent less than the statewide average and 31.5 percent less than the average charter school; and these differences in funding levels appear to be attributable to: values of the Training & Experience Index below the statewide average; lower special education rates than other charter schools or the statewide average; and below-average add-on units, such as size adjustment and enrollment. Additionally, staff noted that, in comparison with other states, the New Mexico public school funding formula generates, for virtual schools: less funding than nine states (California, Colorado, Iowa, Louisiana, Nevada, Oregon, Pennsylvania, Wisconsin, and Wyoming); more funding than three states (Florida, Georgia, and Kansas); and funding comparable to three states (Arizona, Indiana, and Ohio). The LESC staff presentation included the following handouts: Formula Funding for Virtual Charter Schools (Attachment 2, updated to incorporate FY 15 data); NCSL Research from the International Association for K-12 Online Learning (inacol) (Attachment 3); LESN Inquiry on Cyber School Enrollment (Attachment 4); Online Private School Tuition and Fees International Connections Academy ; and Tuition information and enrollment benefits K12 International Academy. Report on the Operations of the New Mexico Connections Academy Ms. Athena Trujillo, Principal, delivered an overview of the school s operation, including: school offerings, initiatives, and programs; total student counts by grade level and location; student proficiency in math and English; total number and percentage of dropouts, by school year, or completion rates by grade level or school year; the number of graduates and the graduation rate by school year; testing schedules; 8

9 the PEC performance framework for school year ; staff listings, by title and location; course descriptions, by grade level; and financial information, such as: the operating budget, by school year; expenditures of revenues; list of contracted entities; reversions of funds; and cash balances, by school year. Finally, Ms. Trujillo noted a number of issues that serve to encourage families in New Mexico to consider Connections, based on family responses during the enrollment process, including: 34 percent needed an alternative to previous schools; 10 percent noted that the student applicant was struggling academically in their original school setting; 9.0 percent reported needing a more flexible schedule than that offered by traditional schools; 5.0 percent indicated that the student in question had been bullied in their original school; and 5.0 percent noted that student health concerns made attendance at a traditional school less desirable. Legislation from the 2015 Regular Legislative Session Lastly, of the several bills endorsed by the committee for introduction in the 2105 legislative session, only two would have a direct impact upon the issues presented by virtual charter schools: HB 74, Public Education Commission as Independent, which did not pass; and SB 148aa, Charter School Responsibilities, which was enacted with an effective date of July 1, 2105, being Laws 2015, Chapter 108. SB 148aa included several definitions, specific to the Charter Schools Act, one of which, management, related directly to issues raised in Attorney General Opinion 14-03, discussed above. That opinion was based on the plain language of Section 22-8B-4(R), prohibiting the management of a charter school by a for-profit entity, in absence of a definition. This definition, now included in the Act as of July, should help to avoid the ambiguities and questions that prompted the request for AG Opinion 14-03: Management means authority over the hiring, termination and day-to-day direction of a school s employees or contractors, whether they are licensed or not. 9

10 ATTACHMENT 1 COMPARISON OF VIRTUAL CHARTER SCHOOL AND ONLINE LEARNING PROVISIONS FROM CO, FL AND AZ VIRTUAL INSTRUCTION PROGRAM OVERVIEW COLORADO FLORIDA ARIZONA NEW MEXICO Virtual instruction in Colorado currently includes: a state virtual school (CO Online Learning); 5 fully online multi-district charter schools; 21 multi-district full-time online schools; 10 single-district online schools; 17 single-district online programs, authorized to serve full-time online students; and 4 single-district supplemental programs. In response to a 2006 audit raising concerns about a lack of oversight of full-time online programs, legislation was passed in 2007, the effects of which included: distinction between single-and multi-district programs, with multi-district programs under greater oversight and requiring state authorization; requirement that online programs using physical facilities enter into an MOU with the pertinent district; removal of prohibition on funding online students who were not public school students in the prior year; the creation of a new division (Unit of Online Virtual instruction in Florida includes: Florida Virtual School (FLVS) (the country s largest state virtual school); statewide full-time online schools; full time district online programs offered through the District virtual instruction programs (VIPs) in all Florida school districts; full- and part-time virtual options for all K-12 students; and more students enrolled in online courses than in any other state. The Florida Virtual School: served 410,000 course enrollments in the school year; employs over 1000 full-time and approximately 45 part-time teachers; and defines FTE based on course completion and performance rather than seat time. District programs: increased rapidly, from 8 programs in , to 56 in ; in addition to VIPs, serve home schools, Currently, in Arizona: While Arizona has 66 districts and 21 charters that provide both full-time and supplemental online options through the Arizona Online Instruction program (AOI), it does not have a state virtual school. Arizona estimates that, in school year , 74 programs served over 48,000 students in full- and part-time programs, a 14% increase over the previous year. Some programs, however, provide a fully online option and supplemental courses primarily to students in other parts of the state: Primavera Online High School is the largest AOI program, with nearly 20,000 unique students in , via intensive 6- week programs, year round, and it served about 6,000 students in the summer of Mesa Distance Learning was one of the first online programs in AZ and served over 900 full-time and over 15,000 part-time students in , 63%of whom were from outside Mesa district boundaries. Currently, in New Mexico: There is a state online school, IDEAL-NM, and several district programs, of which APS ecademy is the largest, having served over 8,400 course offerings in There are two fully online virtual charter schools, the New Mexico Virtual Academy and New Mexico Connections Academy. IDEAL-NM: IDEAL-NM had 2,823 course enrollments in IDEAL-NM provides a statewide learning management system (LMS) by which online K-12 and state agency training courses are delivered. School districts may use the LMS to create their own courses, or use content developed by IDEAL-NM to teach their own online and/ or blended courses. As of August 2013, 52 of New Mexico s 85 school districts (58%) and 20 charter schools use the LMS to create branded web portals to access all of the courses offered by IDEAL- NM at no cost. In addition, IDEAL-NM also provides an

11 VIRTUAL INSTRUCTION PROGRAM OVERVIEW COLORADO FLORIDA ARIZONA NEW MEXICO private schools and other public schools; may use FLVS courses with their own teachers via the FLVS franchise program; in order to meet requirements that all but small districts offer multiple providers, may enter into agreements with other districts, District Online Programs: and currently include two regional consortia; offer individual courses through their VIPs to students in grades 9-12 enrolled in dropout prevention and Department of Juvenile Justice programs, as well as offering core courses and community college courses; are funded (like virtual charters) through the Florida Education Finance Program, based on successful completions, which are defined as: grade promotion, for K-5; course completion with passing grade, for 6-8; and credits earned, for Education) within the CO Dept. of Ed to: facilitate certification of multi-district programs; create quality standards for the online accreditation process; provide support to parents, students and authorizers. A study authorized by recent legislation included a number of key findings and recommendations: Many students lack access to online courses or blended schools. Blended learning may lower education costs, but only after significant initial investment. CO teachers must be highly qualified, but online and blended learning teachers lack preparation or professional development specific to online learning. Allowing students to choose individual online courses and have the pro rata portion of Per Pupil Revenue (PPR) follow the student to the course provider is the change to digital learning that would have the largest impact on education. State should work to ensure that broadband access reaches all 178 school districts, especially geographically large rural districts. District programs and virtual charters: must provide students with the necessary instructional materials and, when appropriate, equipment and Internet access necessary to participate; and must be approved by the DOE. All online programs abide by the following quality assurance guidelines: Instructional staff must be FL-certified, and Any district or charter school can apply to start an online program, and all approved programs can serve any student in the state. Any student may apply to any provider, or multiple providers in the state. Students may take up to three courses from supplemental providers at any time, while a full-time school provides four or more courses. Students are funded to one FTE. Schools participating in Arizona Online Instruction (AOI) must report annually on the program and how student achievement will be measured. They must also survey students and include the results in the annual report; a compilation of these reports is submitted to the legislature and governor by each November 15, by the State Board of Education and the Arizona State Board of Charter Schools. All students must participate in state assessments, if a student does not do so, and the school has less than 95% participation in assessments, then the student may not continue in the online program. elearning portal that acts as a clearinghouse for online courses and programs offered by New Mexico higher education institutions, K- 12, and state agencies. School districts offering online programs include Albuquerque, Rio Rancho, Hobbs, Taos, and Roy, and the Gilbert L. Sena Charter High School. Albuquerque Public Schools ecademy is an alternative school with a comprehensive blended learning program serving K-12 students using IDEAL-NM, the National Repository for Online Courses (NROC), and self-developed content. Additionally, NM s distance learning rules ( NMAC): establish requirements for programs taken for credit by students enrolled in a school district or a charter school; implement the IDEAL-NM program; allow public schools to provide courses to students in any district, so long as there are written agreements between hosts and resident districts; and stipulate that the local school where a student is enrolled approves and registers students for online courses, and pays course 2

12 VIRTUAL INSTRUCTION PROGRAM OVERVIEW COLORADO FLORIDA ARIZONA NEW MEXICO curriculum and course content aligned to fees. state standards. Virtual instruction online programs must Further: meet International Association fo K-12 Online Learning (inacol) standards. 1 All programs must participate in the state assessment program and the education performance accountability system; Districts will receive a school grade and a provider s contract will be terminated if it receives a grade of D or F for two years of any four-year period. Additionally: Full-time online charter schools are now authorized, if they use DOE-approved program providers and serve only students within their district. All students must take an online course in order to graduate high school. Beginning in , all statewide assessments must be administered online. The A-F School Ratings Act, and its implementing rules, allow students in failing schools to choose online alternatives. At least one of the 24 units required for high school graduation must be an Advanced Placement, honors, dual credit or distance learning course (H) NMSA The issue of funding online schools in NM is largely unaddressed by law, with students in virtual schools being funded as students in traditional brick-and-mortar schools. 1 Please see, National Standards for Quality Online Courses, Version 2, inacol, October 2011, at: 3

13 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS DEFINITIONS Charter school A charter school is a public school that operates pursuant to a charter contract entered into pursuant to the provisions of article 30.5 of this title. As used in this title, unless the context otherwise requires, "charter school" includes any type of charter school created pursuant to the provisions of article 30.5 of this title. CRS (2) "Charter school" means a public school established by contract with a district governing board, the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district with enrollment of more than fifteen thousand full-time equivalent students or a group of community college districts with a combined enrollment of more than fifteen thousand full-time equivalent students pursuant to article 8 [Charter Schools]of this chapter to provide learning that will improve pupil achievement. ARS (4) Separate definition for virtual charter school. Consider creation of single, statewide administered virtual charter school. (Chapter 22, Article 12 NMSA) Full time student A full time student must have a schedule that provides for a minimum of three hundred and sixty (360) hours of teacher-pupil instruction per semester to receive full-time funding under the Public School Finance Act. 1 CCR A full-time student is one student on the membership roll of one school program or a combination of school programs listed in (1)(c) for the school year or the equivalent for: Instruction in a standard school, comprising not less than 900 net hours for a student in or at the grade level of 4 through 12, or not less than 720 net hours for a student in or at the grade level of kindergarten through grade 3 or in an authorized prekindergarten exceptional program; "Full-time (online) student" means: A student who is at least five years of age before September 1 of a school year and who is enrolled in a school kindergarten program that meets at least 346 hours during the school year. A student who is at least six years of age before September 1 of a school year, who has not graduated from the highest grade taught in the school and who is regularly enrolled in a course of study required by the state board of education. For first, Consider adjusting required hours to better reflect the more flexible nature of an entirely virtual school with regard to instruction time versus seat time, etc. 4

14 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS DEFINITIONS Full time student, con. Instruction in a double-session school or a school utilizing an experimental school calendar approved by the Department of Education, comprising not less than the equivalent of 810 net hours in grades 4 through 12 or not less than 630 net hours in kindergarten through grade 3; or Instruction comprising the appropriate number of net hours set forth in either of the above for students who, within the past year, have moved with their parents for the purpose of engaging in the farm labor or fish industries, if a plan furnishing such an extended school day or week, or a combination thereof, has been approved by the commissioner. Such plan may be approved to accommodate the needs of migrant students only or may serve all students in schools having a high percentage of migrant students. The plan described in this subparagraph is optional for any school district and is not mandated by the state (1)(a) Fla. Stat. second and third grade students, the instructional program shall meet at least 712 hours. For fourth, fifth and sixth grade students, the instructional program shall meet at least 890 hours during the school year. Seventh and eighth grade students or ungraded students who are at least twelve, but under fourteen, years of age on or before September 1 and who are enrolled in an instructional program of courses that meets at least 1,068 during the school year. For high schools, a student not graduated from the highest grade taught in the school district, or an ungraded student at least fourteen years of age on or before September 1, and who is enrolled in at least four courses throughout the year that meet at least nine hundred hours during the school year. A full-time student shall not be counted more than once for computation of average daily membership. ARS (H)(1) Online school "On-line school" means a full-time education school authorized pursuant to this article that delivers a sequential "Online school" means a school that provides at least four online academic courses or one or more online courses Separate definition for online or virtual charter school. Consider separate definition for online school to reflect possibility of statewide virtual school. (See above.) 5

15 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS DEFINITIONS Online school, con. program of synchronous or asynchronous instruction, directed by a teacher, primarily through on-line digital learning strategies that provide students choice over time, place, and path, and teacher-guided modality, of learning. An on-line school has an assigned school code and operates with its own administrator, a separate budget, and a complete instructional program. An on-line school is responsible for fulfilling all reporting requirements and is held to state and federally mandated accountability processes. CRS (9.5), CCR "On-line program" means a full-time education program authorized pursuant to this article that delivers a sequential program of synchronous or asynchronous instruction, directed by a teacher, primarily through on-line digital learning strategies that provide students choice over time, place, and path, and teacher-guided modality, of learning. "On-line program" does not include a supplemental program. Accountability for each student in an on-line program is attributed to a designated school that houses the online program. Notwithstanding any other provision of this subsection (9) to the contrary, an on-line program for the equivalent of at least five hours each day for one hundred eighty school days and that is a charter school that is sponsored by the state board for charter schools or a traditional public school that is selected by the state board of education to participate in Arizona online instruction. ARS (H)(3) "Online course provider" means a school other than an online school that is selected by the state board of education or the state board for charter schools to participate in Arizona online instruction pursuant to this section and that provides at least one online academic course that is approved by the state board of education. ARS (H)(2) As more districts offer their own virtual programs, consider distinct definitions for online school and online program. 6

16 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS DEFINITIONS Online school, con. with one hundred or more students is an on-line school and not an on-line program. CRS (9), CCR Part time student A part time student must have a schedule that provides for a minimum of ninety (90) hours of teacher-pupil instruction per semester to receive part-time funding under the Public School Finance Act. 1 CCR A part-time student is a student on the active membership roll of a school program or combination of school programs listed in s (1)(c) who is less than a full-time student (1)(b) Fla. Stat. "Part-time (online)student" means: Any student who is enrolled in a program that does not meet the definition [of full-time student] of this subsection shall be funded at eighty-five per cent of the base support level that would be calculated for that pupil if that pupil were enrolled as a part-time student in a school district or charter school that does not participate in Arizona online instruction. A part-time student of 75% average daily membership shall be enrolled in at least three subjects throughout the year that offer for first, second and third grade students at least 534instructional hours in a school year and for fourth, fifth and sixth grade students at least 668 instructional hours in a school year. A part-time student of 50% average daily membership shall be enrolled in at least two subjects throughout the year that offer for first, second and third grade students at least 356 instructional hours in a school year and for fourth, fifth and sixth grade 7

17 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS DEFINITIONS Part time student, con. students at least 445 instructional hours in a school year. A part-time student of 25% average daily membership shall be enrolled in at least one subject throughout the year that offers for first, second and third grade students at 178 instructional hours in a school year and for fourth, fifth and sixth grade students at least 223 instructional hours in a school year. For seventh and eighth grade students, a part-time student of 75% average daily membership shall be enrolled in at least three subjects throughout the year that offer at least 801 instructional hours in a school year. A part-time student of 50% average daily membership shall be enrolled in at least two subjects throughout the year that offer at least 534 instructional hours in a school year. A part-time student of 25% average daily membership shall be enrolled in at least one subject throughout the year that offers at least 267 instructional hours in a school year. For high school students, a part-time student of 75% average daily membership shall be enrolled in at least three subjects throughout the year that offer at least 675 instructional hours in a school year. A 8

18 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS DEFINITIONS Part time student, con. part-time student of 50% average daily membership shall be enrolled in at least two subjects throughout the year that offer at least 450 instructional hours in a school year. A part-time student of 25% average daily membership shall be enrolled in at least one subject throughout the year that offers at least 225 instructional hours in a school year. ARS (H)(4) Private school "Private school" means a primary or secondary educational institution for students in kindergarten through twelfth grade or any portion thereof that may or may not have attained nonprofit status, that does not receive state funding through the "Public School Finance Act of 1994", and that is supported in whole or in part by tuition payments or private donations. CRS (6.5) A private school is a nonpublic school defined as an individual, association, copartnership, or corporation, or department, division, or section of such organizations, that designates itself as an educational center that includes kindergarten or a higher grade or as an elementary, secondary, business, technical, or trade school below college level or any organization that provides instructional services that meet the intent of s (13) [ regular school attendance ] or that gives preemployment or supplementary training in technology or in fields of trade or industry or that offers academic, literary, or career training below college level, or any combination of the above, including an institution that performs the functions of the "Private school" means a nonpublic institution where instruction is imparted. ARS (20) 9

19 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS DEFINITIONS Private school, con. above schools through correspondence or extension, except those licensed under the provisions of chapter A private school may be a parochial, religious, denominational, for-profit, or nonprofit school. This definition does not include home education programs conducted in accordance with [home schooling] (2) Fla. Stat. Public School School A public school is a school that derives its support, in whole or in part, from moneys raised by a general state, county, or district tax. CRS (1) School means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education (2) Fla. Stat. "School" or public school means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve. ARS (20) Consider amending NM definition to resolve ambiguity in re: brickand-mortar presence, and either include or exclude (with separate definition) virtual charter schools. 10

20 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS PROGRAM REQUIREMENTS Attendance, school hours A student who is participating in an on-line program or on-line school is subject to compulsory school attendance as provided in article 33 of this title and is deemed to comply with the compulsory attendance requirements through participation in the on-line program or on-line school. Each on-line program and on-line school must document a student's compliance with compulsory attendance requirements by documenting the student's attendance and participation in educational activities that the on-line program's or on-line school's authorizer deems appropriate to support student learning, which activities may include, but need not be limited to, assessment, orientation, and induction activities; in-person educational instruction; and synchronous and asynchronous internet-based educational activities. CRS (2)(a) Mandate compliance with compulsory attendance requirements. Attendance must be verified by district (6)(a) Fla. Stat. No reference to attendance in VCS statute (ARS ), but entirety of Ch. 8 is School Attendance, so that applies. However, no compliance mechanism in VCS statute. ARS Also, Each school selected for Arizona online instruction shall ensure that a daily log is maintained for each pupil who participates in Arizona online instruction. The daily log shall describe the amount of time spent by each pupil participating in Arizona online instruction pursuant to this section on academic tasks. The daily log shall be used by the school district or charter school to qualify the pupils who participate in Arizona online instruction in the school's average daily attendance calculations pursuant to subsection F (Funding calculations) of this section. ARS (E) Mandate compliance with compulsory attendance laws, with some kind of verification of authentic attendance. (E.g.: unique ID used for log-in; require chartering authority to verify log-on and participation; a daily log of assignments, discussion, time spent online, etc.) Consider requiring periodic in-person conferences and assessments, or real-time conferences online. Consider some kind of synchronous class requirement with a discussion component, as in chat-rooms, for example. Truancy consequences for a certain number of consecutive absences or absences within a certain period of time, with consideration of appropriate methods of attendance documentation. An Online School or Program follows policies for tracking enrollment, attendance, participation, and truancy. The policy includes documentation of teacher/student interaction. 1 CCR

21 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS PROGRAM REQUIREMENTS Attendance, school hours, con. A student participating in an Online program or Online school is subject to the compulsory attendance requirements as provided in article 33 of the Colorado Revised Statutes and is deemed to comply with the compulsory attendance requirements through participation in an online program or online school. Each online program and online school must document a student s compliance with compulsory attendance requirements during the official count window. 1 CCR (8.01) Graduation Requirements Must meet all statutory requirements. 1 CCR (3.02.5) CDE recently adopted guidelines for graduation requirements as mandated under CRS. 2 Districts must adhere to these requirements at minimum, but may develop more rigorous requirements. District-level graduation policies must be adopted by the school year. To be approved for online instruction, provider must ensure instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level it intends to provide through contract with the school district, including mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate (2)(a)(7)(c) Fla. Stat. No reference in VCS statute, but considerations of academic integrity in that statute probably would include graduation requirements for common schools, as laid out in ARS Currently, virtual schools, which are not differentiated from traditional charter schools, must comply with all statutory graduation requirements and assessments and end-of-course exams. If separate provisions for virtual schools and online programs are contemplated, explicitly require compliance with pertinent graduation and assessment requirements, perhaps with some modifications to reflect the different structure of online education. 2 Information regarding Colorado Graduation Requirements: 12

22 COMPARISON of VIRTUAL INSTRUCTION PROVISIONS PROGRAM REQUIREMENTS Graduation Requirements, con. Each virtual instruction program must align virtual course curriculum and course content to the state standards (3)(a) Fla. Stat. All contracts with approved providers must provide a method for determining students have satisfied requirements for graduation (4)(b) Fla. Stat. Teacher qualifications Teacher means any person who holds a Teacher s license issued pursuant to the provisions of the Colorado Educator Licensing Act and who is employed to instruct, direct, or supervise the instructional program. Teacher includes those persons employed by a charter school as a Teacher pursuant to a waiver granted to the charter school by the State Board pursuant to (3), C.R.S., or who are employed by a school district as a Teacher pursuant to a waiver granted to a school district pursuant to C.R.S. 1 CCR To be approved by the department, a provider must document that it Locates an administrative office or offices in this state, requires its administrative staff to be state residents, requires all instructional staff to be Florida-certified teachers under chapter 1012 and conducts background screenings for all employees or contracted personnel, as required by , using state and national criminal history records (2)(a)(3) Fla. Stat. The state board of education and the state board for charter schools shall jointly develop standards for the approval of online course providers and online schools based on the following criteri[on]: The variety of educational methodologies employed by the school and the means of addressing the unique needs and learning styles of targeted pupil populations, including computer assisted learning systems, virtual classrooms, virtual laboratories, electronic field trips, electronic mail, virtual tutoring, online help desk, group chat sessions and noncomputer based activities performed under the direction of a certificated teacher. ARS (A)(2) Require all teachers of virtual charter schools to be NM certified. Require online endorsement of teaching license to teach at NM virtual charter schools. 3 Require regular reports to school leader or other authority, summarizing student work, achievement, scores and attendance. Teachers should be available for, and require, periodic in-person meetings, or meetings via Skype. 3 For example, Idaho, which has both a statewide virtual charter as well as seven individual virtual charters, requires online teachers to meet 10 core proficiencies to receive online endorsement, which enhances their credentials. This endorsement, however, is not required to teach in an online setting in Idaho. (Please see: 13